The Vested Interest of Remaindermen in Nebraska : The Lawyers' Corner

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The Vested Interest of Remaindermen in Nebraska

by Frank Heinisch, Christin Lovegrove on 10/05/16

Eva gave her son Tom Senior a life estate “the remainder therein to his children living at the time of his death, share and share alike.” Eva’s will had no residuary clause. Tom Senior died in 2015. None of Tom Senior’s children survived him.

 

Eva had four additional children, who also survived her. Howard is one of those five children of Eva.

 

Question, who now has a right to the land that was subject to the Tom Senior life estate? his children or Eva’s children?

 

The question is whether or not a vested remainder interest was created for the children of Tom Senior. The case of Besch v. Schumacher,  89.app. 638, 599 NW. 2nd 846 (Neb App 1999) is clear that the remaindermen's interest is vested and passes as provided by the last surviving remainderman; in this case as provided in a joint tenancy deed. Tom Junior, the last surviving remainderman is the successor to the full interest in the real estate, the other remainderman did not survive the life tenant and are out.  His joint tenancy deed ownership takes precedence. 

 

Eva’s other four children will not have an interest in the real estate.

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